religious discrimination is defined as restrictions on the religious practices or institutions of

minority religions that are not placed on the majority religion. Religious discrimination can
include restrictions on (a) religious practices, (b) religious institutions and clergy, (c) conversion
and proselytizing, and (d) other types of discrimination. Globally, 88.5% of countries discriminate
against at least one religious minority, and religious discrimination is becoming more common
over time. Religious discrimination is the norm worldwide regardless of world region,
government type, and majority religion.

Motivations to discriminate are multiple and complex. They include (a) differences in religious
ideologies and beliefs—many religions are ideologically intolerant of other religions; (b) religious
organizations seeking an institutional monopoly in a country; (c) religious beliefs and practices
running counter to liberal and secular values, including human rights; (d) countries seeking to
protect their national culture from outside influences, including nonindigenous religions; (e)
countries having anti-cult policies; (f) countries restricting minority religious practices that are
considered objectionable to the national ideology or culture; (g) a historical conflict between
minority groups and the majority; (h) the perception of minorities as a security threat; (i) the
perception of minorities as a political threat ; (j) long-lasting historical tensions between the
majority and minority; (k) national politicians mobilizing supporters along religious lines; (l)
societal prejudices against minorities leading to government-based discrimination; (m) religious
identity; (n) general discrimination that is also applicable to religious minorities. Although these
are among the most common motivations for discrimination, in many cases the motivations are
unique to the specific situation.
The Constitution of Pakistan guarantees political inclusion of minorities by reserving a quota in
Parliament and all Provincial Assemblies. Article 51(4) of the Constitution reserves ten national
assembly seats for minorities. Article 106 also guarantees non-Muslim reserved seats in all
Provincial Assemblies. Parliament reiterated its resolve to mainstream minorities in its
promulgation of the Elections Act, 2017.

66 or 10% of Members of the House of Commons were from minority ethnic backgrounds.Their
number has increased at each general election since then – most notably from 2010 onwards.
More than half (37) of the 66 minority ethnic MPs are women. A more coherent and
coordinated system that draws together national and regional expertise and highlights this at the
international level is imperative in preventing conflict.

USE OF LEGAL SYSTEM;

Many manipulations in the legal system that allow racism in legal proceedings.
General Assembly’s resolution 2106 ratified in 1965 states= ‘’ All human beings are equal
before the law and are entitled to equal protection of law against discrimination and against any
incitement to discrimination”
Enforcement of resolution= began in 1968
along with Article 19 of the United Nations Declaration of Human Rights= states “ all are
guaranteed the right to freedom of expression.
Attempt to truly create legal boundary surrounding discrimination= happened at the same time
as when other nations (like US) were making efforts to promote lawful equality of minorities
through the Civil Rights Act of 1964.

Convention on Elimination of All forms of racial discrimination article 2,5,6 = “State Parties
undertake to prohibit and to eliminate racial discrimination in all its forms and to guarantee the
right of everyone without distinction as to race, color, national or ethnic origin, to equality before
the law, notably in the enjoyment of… political rights… civil rights… economic, social and
cultural rights in particular; the right to work to just and favorable conditions or work, to
protection against unemployment, to equal pay for equal work..,; the right to housing;... to public
health, medical care, social security and social services; the right to education and training”
This effort also extends to education

Such UN sponsored actions; state that no government programs and no facilities guaranteed to
a resident should be denied based on religion, belief or ethnicity.
It also points out the importance of minorities participating equally in jobs
Thus,
UN= made a significant effort to contribute to equality of minorities
But the efforts are not as efficient considering most states do not entirely implement the
conventions they sign.
Going forward, UN doesn’t need to introduce more declarations of support for prevention of
discrimination
But instead, suggest how to perpetuate the need for equality and how to enforce it
Foundation for the future of equality= has been raised

RIGHTS OF RELIGIOUS MINORITIES & THE RELIGIOUS INTOLERANCE

Many areas of the world= centuries-old religious conflicts; lead to violent conflicts
These conflicts= can be explained by the fact that each religion teaches values of its own
Thus groups may fight over religious views about life, law + social interaction

When gov passes discriminatory laws that people can’t ignore= no authority to stop intolerance=
discrimination becomes institutionalized.

Religious intolerance= affects people of all faiths

Sometimes diff sects of the same religion might oppose each other such as the Shia and Sunni
groups of Iran

Since 9/11= increased religious intolerance towards muslims worldwide

When groups such as Al Qaeda commit violent attacks in the name of a religion= backlash
against that entire religion
Political + social unrest = motivates religious intolerance
Often, violence associated with religious intolerance= happens when two social/ political groups
clash
Eg. Iraq= minority; Sunni Muslims but they controlled the government for many years .
During this time the majority (shia) faced discrimination under sunnis.
This created national tension between the 2 muslim groups
Saddam Hussein left office= tension erupted into a civil war
Currently shia and sunnis are fighting to gain control of new iraqi government

Societies are often defined by religion and religious culture= economic/ political wars are
considered religious

Some religious communities= co exist peacefully

Many religious societies integrate without conflict

(think about causes and factors that contribute to religious intolerance)

Countries with state-sponsored religion= countries are run based on one religion= said to
discriminate among other religions
By promoting only one religion= gov is saying that other beliefs are inferior.
Only allowing religious freedom= not enough
Gov must ensure protection of the other faiths from discrimination
Eg south arabia + iran don’t allow display of non-Islamic religious symbols

Many countries= SECULAR= gov doesn’t promote any religion

No religion promoted= all religions allowed to flourish peacefully
Believed in the division of the governmental institutions and religion
Can be used as an excuse to discriminate against a certain race/ group
CURRENT SITUATION;

Religious intolerance; affects all religions

Looks different depending on where it is committed.

Examples of religious intolerance around the world;

Holding polls+ having a census in areas with many minorities = will create easier means to
handle the situation
Esp. if religious, racial or ethnic representatives are then chosen from this data to communicate
with gov. or UN officials as mediators that will help promote equality.

Large inflow of immigrants of a certain religion/ ethnicity= gov. Might be overwhelmed with the
immediate transition= discrimination.
These nations need to place restrictions on the no. of immigrants they can accept at one time to
easily adjust to the changing statistics of their nation.
UN= can offer assistance in making the transitions easier
Since globalization= changes demographics of many nations

THE RIGHTS OF SELF DETERMINATION;

UN Charter guarantees self determination right to the world in its first article
But after 60 years of the UN area, people still question self-determination

dispute= is the right to self determination absolute or with reasonable restrictions, if so what are
those reasonable restrictions?

hyper-realists= consider territorial integrity is important to people’s right to self-determination

humanists= care about everyone’s individual + collective right to delf determination

For big countries (like USA + China) = secession is not likely

Dictatorship + untrustworthy governments = cause absence of consent of the governed

Esp in developing nations = ppl not allowed to protest
Protestors have been detained and denied the basic rights granted to other prisoners

Many countries= agreed to the right of self determination but none have implemented the
policies.

Torture against those seeking right of self determination

People may practice the right to self determination individually OR

Practice the collective right of return by establishing a state.
Thus, individual and collective right to self determination are complementary
SO,
Technically, Kashmir, Palestine etc… may choose to exercise a COLLECTIVE right of
establishing an independence country
And at the same time, refugees may choose to exercise their individual right to
self-determination by returning to their homes/ villages as a part of individual self determination.
Thus, there is no legal contradiction that stops Kashmir, Gibraltar Western Sahara to establish
an independent state for themselves
Organizations leading the three states= agree to self determination.

Vienna Declaration; adopted by the World Conference on Human Rights 1993= further
supported the right to self determination

BUT,
UN does not equate self determination with automatic statehood
Self determination= right of people to determine their own destiny
Principle of self determination= embodied in 1st article of UN Charter
BUT,
Most UN members are cautious of anything that will infringe upon their sovereignty
Other than Kashmir, Gibraltar, Western Sahara that do not have no legal process of redrawing
the state’s boundaries however they want

Many states came into being through unilateral declaration of independence

Usually, international bodies + other bodies = refuse to accept its legitimacy at first but then the
state starts becoming a functioning entity, gains diplomatic recognition and retrospective
legitimacy.
That's how USA, south and central america, parts of asis, africa and europe came into being

Minority experts should exist in key UN bodies that deal with conflict, including the Office for
Co-Ordination of Humanitarian Affairs, the Peace Building Commission and the country
missions.
Segregation, or the creation of ethnically or religiously ‘pure’ countries or regions, must not be
the only post-conflict solution if sustainable peace is the genuine aim.
A greater commitment to understanding and implementing minority rights at local, national,
regional and international levels, with the full inclusion and participation of minority groups, is
imperative to conflict prevention.
Where conflict has occurred, such knowledge and participation is critical in peace building, not
least so that minorities who are caught up in violence have their voices heard.
As the united kingdom has proved on various occasions, we strongly support the right of
devolution given that it occurs at a suitable point in time, evident from the quite recent case of
northern ireland. A more coherent and coordinated system that draws together national
and regional expertise and highlights this at the international level is imperative in
preventing conflict.
■ Minority experts should exist in key UN bodies that deal with conflict,
including the Office for Co-Ordination of Humanitarian Affairs, the
Peace Building Commission and the country missions.
■ Segregation, or the creation of ethnically or religiously ‘pure’ countries
or regions, must not be the only post-conflict solution if sustainable
peace is the genuine aim as such divisions can entrench old hatreds and
wounds in the long term
■ A greater commitment to understanding and implementing minority
rights at local, national, regional and international levels, with the full
inclusion and participation of minority groups, is imperative to conflict
prevention.
 ■ Where conflict has occurred, such knowledge and participation is critical
in peace building, not least so that minorities who are caught up in
violence have their voices heard

Each of these systems can either promote peace or deepen minorities’ sense of
alienation from mainstream society:

Justice systems can offer minorities the chance to see violators of their rights
brought to account and punished, whether the crime was violent or
discriminatory. Such justice is particularly important after mass crimes against a
group of people.

Education systems can combat or condone hate speech, and can erode or
support minority languages. They can build understanding between minority
and majority cultures and religions that can create firm foundations for tolerant
societies.

Conflict early warning systems are more effective when they take note of
minority rights violations. Incorporating and analysing patterns of discrimination
and exclusion are vital in tracking the rise of tension.